The Tamil Nadu Waqf Tribunal (Conditions of Service and Procedure) Rules, 2016
The Backward Classes, Most Backward Classes and Minorities Welfare Department issued G.O. Ms. No. 55, Backward Classes, Most Backward Classes and Minorities Welfare (T1), dated 7 October 2016, notifying the Tamil Nadu Waqf Tribunal (Conditions of Service and Procedure) Rules, 2016. Made by the Governor of Tamil Nadu under the Waqf Act, 1995, the rules establish the Tribunal's composition, service conditions and procedures for applications concerning waqfs and their properties, and came into force on 7 October 2016.
What the rules govern
The Tamil Nadu Waqf Tribunal (Conditions of Service and Procedure) Rules, 2016 govern the composition, staffing and procedure of every Waqf Tribunal in Tamil Nadu. They affect Tribunal members and staff, the Waqf Board, applicants, respondents, legal practitioners and people pursuing matters relating to a waqf or its properties.
Tribunal composition and service conditions
Every Waqf Tribunal must consist of:
- A State Judicial Service member holding a rank not below District, Sessions or Civil Judge, Class I, who serves as Chairman.
- A State Civil Services officer equivalent in rank to an Additional District Magistrate.
- A person aged at least 45, preferably a Muslim, with a Bachelor’s Degree in Law and knowledge of Muslim law, jurisprudence and waqf law.
The third member is selected by a board consisting of the Secretary to Government in charge of the administrative department, an Islamic scholar of repute, and the Chairman of the Bar Council of Tamil Nadu or its nominated member. That member serves for three years from entering office or until attaining 62 years of age, whichever is earlier. The Government fills a vacancy for the remaining tenure or until the replacement reaches 62.
Applications to the Tribunal
The Tamil Nadu Waqf Tribunal procedure includes these requirements:
- An application may be presented personally, through an authorised legal practitioner, or by registered post with acknowledgement to the Registrar.
- An application must generally be filed within 90 days from the relevant order, denial of a right, or arising of a cause of action concerning a waqf and its properties.
- Delay may be condoned by the Chairman where a supporting application and affidavit show proper cause.
- Applications must be filed in triplicate, with the challenged order, if any, and supporting documents and annexures.
- The filing fee is Rs.500, paid by demand draft of a nationalised bank in favour of the Registrar of the Tribunal.
- More than one person, or a Muthawalli or committee representing persons or a Jamath, may be permitted to file one application where there is a common interest.
A suit application against the Board that does not comply with the mandatory two months notice under Section 89 of the Waqf Act, 1995 must be summarily dismissed.
Replies, notices and hearings
A contesting respondent must ordinarily file a reply and relied upon documents in triplicate within one month after service of notice. Notices may be served personally, through a process server, by registered post with acknowledgement, or by another method directed by the Tribunal. The Tribunal must notify parties of the date and place of hearing.
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Common questions
Do these rules apply to disputes involving waqf property?
Yes. The application procedure covers matters in which a cause of action arises in relation to a waqf and its properties.
How long do I have to apply to the Waqf Tribunal?
An application must generally be filed within 90 days from the relevant order, denial of an interested person’s right, or arising of the cause of action. The Chairman may condone delay if a supporting application and affidavit establish proper cause.
What is the fee for filing an application?
The filing fee is Rs.500. It must be paid by demand draft of a nationalised bank drawn in favour of the Registrar of the Tribunal.
Can several people file one Waqf Tribunal application?
The Tribunal may permit several people with a common interest to file one application. Permission may also be given to a Muthawalli or committee representing persons or a Jamath, provided the application identifies the people represented.
